Colleton County Divorce Records
Colleton County divorce records are kept by the Clerk of Court at the Family Court in Walterboro. This office stores all divorce filings, decrees, and related case documents for the county. Colleton County sits in the Lowcountry region of South Carolina and is part of the 14th Judicial Circuit. Residents who need to search, obtain, or verify a divorce record can contact the Clerk of Court directly or use online tools provided by the South Carolina Judicial Branch. Staff at the courthouse can help with both recent and older divorce cases.
Colleton County Quick Facts
Colleton County Family Court
The Colleton County Family Court handles all divorce cases for county residents. The Clerk of Court maintains each case file from the moment a complaint is filed through the final decree. The court is located at 101 Hampton Street in Walterboro. Staff at the Clerk of Court office can search records, pull case files, and make copies for the public. Call ahead before visiting to confirm what documents you need to bring.
Colleton County is part of the 14th Judicial Circuit of South Carolina. The Family Court was established statewide in 1976 to hear domestic cases including divorce, child custody, and support. All divorce proceedings for Colleton County residents go through this single courthouse in Walterboro. The Clerk of Court can search records by name or case number. Older files may require additional time to locate.
For the official county website and more information about court services, visit colletoncounty.org.
The source below shows the Colleton County portal where residents can find links to court services and public records offices.
The county website connects residents to the Clerk of Court and other offices that maintain public records.
| Court | Colleton County Family Court 101 Hampton Street Walterboro, SC 29488 Phone: (843) 549-5794 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | colletoncounty.org |
How to Search Divorce Records in Colleton County
You have two main ways to search for divorce records in Colleton County. The first is online through the South Carolina Judicial Branch. The second is in person at the Colleton County Courthouse in Walterboro. Online search is fast and free for basic case information. An in-person visit lets you review full case files and get certified copies the same day.
The South Carolina Judicial Branch Public Index is the primary online tool for finding divorce case records. It covers all 46 counties, including Colleton County. You can search by party name or case number. Basic case information such as filing date, parties, and case status is available at no cost. Visit sccourts.org to start your online search for Colleton County divorce records. Keep in mind that not all older records may appear in the digital system.
To search effectively, have the following on hand before you start:
- Full legal name of one or both spouses at the time of the divorce
- Approximate year the divorce was filed or granted
- Case number, if you already have it
- Any alternate name spellings that may have been used
For in-person visits, go to the Clerk of Court at 101 Hampton Street in Walterboro. Bring a valid photo ID. The staff can look up cases, provide printouts, and issue certified copies of divorce decrees. Requests for older records may take extra time. If you are searching for genealogy purposes, the Library of Congress also maintains resources on South Carolina vital records at guides.loc.gov.
Note: Address information was removed from public court records in Colleton County effective January 1, 2026.
Divorce Record Fees in Colleton County
Filing a new divorce complaint in Colleton County costs approximately $150. This is in line with the statewide fee schedule used across South Carolina. Fees for copies and other services are set separately. Always call the Clerk of Court at (843) 549-5794 before you visit to confirm current rates, as fees can change.
Certified copies of divorce decrees cost more than plain photocopies. The exact per-page rate for certified copies varies. Service fees apply when you need to have the other spouse served with divorce papers. You can use the Colleton County Sheriff's Office, a private process server, or certified mail with return receipt to complete service. Each method carries its own cost. If you have limited income, you may qualify for a fee waiver by filing an Affidavit and Application to Proceed In Forma Pauperis with the Family Court in Colleton County.
Filing for Divorce in Colleton County
The divorce filing process in Colleton County follows South Carolina law. The process begins when one spouse files a complaint for divorce with the Clerk of Court at the Colleton County Courthouse. A case number is assigned at that time. Under S.C. Code Ann. § 20-3-30, at least one spouse must have lived in South Carolina for one year before filing. If both spouses are South Carolina residents, only three months of residency is required. You file in Colleton County if the defendant lives here.
Once you file the complaint, you must serve the other spouse. South Carolina law allows service through the Colleton County Sheriff, a private process server, or other approved methods. Proof of service is placed in the court file. Under S.C. Code Ann. § 20-3-10, the recognized grounds for divorce in South Carolina include one year of continuous separation, adultery, physical cruelty, habitual drunkenness or drug use, and desertion for one year. The one-year separation ground is the most commonly used in Colleton County and across the state. Under S.C. Code Ann. § 20-3-80, uncontested divorces must wait at least two or three months after service before a final hearing can be held, depending on the ground used.
Property and financial matters are resolved as part of the same case. South Carolina uses equitable distribution under S.C. Code Ann. § 20-3-620, which divides marital property fairly but not always equally. Spousal support can be addressed under S.C. Code Ann. § 20-3-130. The divorce decree is the final court order. It becomes a public record kept by the Colleton County Clerk of Court.
Note: Divorce was illegal in South Carolina until April 1949, so records before that date do not exist in the state.
What Colleton County Divorce Records Contain
A divorce case file in Colleton County typically holds many documents created throughout the proceedings. The complaint for divorce is the first filing. It names the parties and states the grounds under South Carolina law. The defendant's answer or response comes next. If the parties reach a settlement, a written marital settlement agreement is filed with the court. All these papers are part of the public case file in Colleton County.
The divorce decree is the most important document in the file. This is the court order that legally ends the marriage. It may include rulings on property division, spousal support, child custody, and name restoration. Certified copies of the decree are often needed for tasks like changing a driver's license, updating bank accounts, or handling real estate transfers. The Colleton County Clerk of Court issues certified copies for a fee.
Other documents you may find in a Colleton County divorce file include:
- Summons served on the defendant
- Affidavits and financial declarations filed by either party
- Temporary orders entered during the case
- Parenting plans or custody agreements
- Hearing transcripts, if requested
Note: Some portions of a Colleton County divorce file may be sealed or redacted, particularly details involving minor children or financial account numbers.
Divorce Certificates from South Carolina DPH
The South Carolina Department of Public Health issues divorce certificates that are separate from the court records held in Colleton County. A divorce certificate is a short document that confirms a divorce took place. It shows the names of both parties, the date the divorce was granted, and the county where it was filed. This is not the same as a full divorce decree, which shows the terms of the settlement and is kept by the Clerk of Court in Colleton County.
The DPH has divorce records for cases filed in South Carolina from July 1962 through December 2023. Certificates cost $12 each. You can order them online through VitalChek, by mail to the Division of Vital Records in Columbia, or in person. The image below shows the DPH divorce reports page where you can begin an order.
Orders placed online through VitalChek are the fastest way to receive a divorce certificate. If you need the full decree with all terms, contact the Colleton County Clerk of Court.
For apostille certification of a divorce certificate, contact the South Carolina Secretary of State at sos.sc.gov. This service is needed when the document will be used in another country.
Legal Help for Divorce in Colleton County
Several resources can help Colleton County residents who need assistance with a divorce case. Some offer free legal aid based on income. Others connect you with a licensed attorney in the area. Getting the right help early can save time and avoid mistakes in your case.
South Carolina Legal Services provides free civil legal help to low-income residents, including those in Colleton County. Their attorneys handle family law matters including divorce. Visit sclegal.org to apply online or find a local office. For a paid attorney referral, contact the South Carolina Bar's lawyer referral service at (803) 799-6653. They can connect you with a family law attorney who serves Colleton County.
The South Carolina Judicial Branch offers self-help forms at sccourts.org/court-forms. The SCCA299 packet includes the forms commonly used in uncontested divorce cases. Instructions are available on the site. The Colleton County Family Court may also have staff who can point you toward the right forms, though they cannot give legal advice.
Public Records Access in Colleton County
Divorce records in Colleton County are public records under the South Carolina Freedom of Information Act, found at S.C. Code Ann. § 30-4-10. Any member of the public can request to inspect or obtain copies of these records. You do not need to be a party to the case to view the file. The Clerk of Court must respond to a public records request in a reasonable time.
The image below shows the South Carolina Courts case records search portal, which provides online access to Colleton County divorce case information.
Online access through the Public Index lets you find basic case details without visiting the courthouse in Walterboro.
Some records may be restricted. Family Court judges can seal portions of a file when sensitive information is at issue. Records sealed by court order are not available to the general public. For a list of all county clerks of court across South Carolina, visit sccourts.org.
Cities in Colleton County
All Colleton County divorce cases are filed at the Colleton County Family Court in Walterboro. There are no separate city-level family courts in Colleton County. Residents from all parts of the county, including rural communities and small towns, file and retrieve divorce records at the courthouse in Walterboro.
Nearby Counties
Colleton County borders several other South Carolina counties. If you are unsure which county handles your divorce case, check the county where the defendant lives. Under South Carolina law, venue is generally the county of the defendant's residence.